8 times the amount normally absorbed by all the mills in the entire Klamath Basin. This would probably result in low panic prices and the Klamaths would not get full value for their property. And the dumping of so much stumpage would probably not only upset the economic structure of the western pine region but would likely have an effect in the Douglas-fir region. Furthermore the termination act requires that the highest prices be obtained for the timber. This means it would have to be offered in small tracts where a competitive bidding would bring the best prices. These tracts would be offered and purchased on the basis of immediate recovery of the investment through logging. The result would almost certainly be rapid liquidation of the individual tracts and ultimately of the forest.

The specialists, after a year of detailed study, recommended that Public Law 587 be amended to permit the purchase of the Klamath Forest and rangeland by the Federal Government. They feel that only in this way can the area be kept in one management unit for long-term conservation purposes and at the same time provide a fair market value return for the Indians.

Federal purchase (S. 2047): If Government purchases reservation they will pay the fair market price.

Three men would make up the board of appraisers. One would be chosen by the Secretary of the Interior, one by the Secretary of Agriculture, and one by secret ballot vote of the adult members of the Klamath Tribe.

If the Government should decide to buy the reservation each member of the tribe would be paid his share of the money that is put up by the Government to pay for the tribal property and there would no longer be a tribe. All would be treated alike and there would be no election to withdraw from or stay in a tribe. Upon payment of the purchase price by the Government, Klamaths would cease to be Indians insofar as Government control over their property is concerned. A bill authorizing the Federal Government to purchase the reservation lands will be up for consideration at the next session of Congress.

This forest which the management specialists believe should be kept in one unit covers almost 600,000 acres of the 1 million which were originally within the reservation. Another 200,000 acres are in rangeland and the marshes which provide resting places for the migratory birds and, more importantly, the sponge which pours an undiminishing stream of water into the vast irrigation works around Klamath Falls. The total 800,000 acres is owned by the tribe as a group. The rest of the million acres is in allotments which were made in past years to individual Indians and which have been held in trust by the Bureau of Indian Affairs. Under Public Law 587 clear title to these lands will pass to individuals. A program of selling the allotted land has been under way for more than 2 years. Prior to 1954 more than 100,000 acres were alienated-sold to non-Indians.

The forest itself is one of the best ponderosa stands in the Nation. It contains an estimated 41⁄2 billion board-feet of merchantable timber. Another 42 billion has been removed over the 40 years in which there has been logging on the reservation. About one-half of the annual timber supply for the Klamath Basin comes from the reservation, through sales supervised by the Bureau of Indian Affairs.

More important to the Indians, and of the greatest significance in the termination program, the forest has provided the tribe with a gross income of more than $30 million in the past 40 years. This has been redistributed to tribal members, after administrative expenses have been paid at the rate of about $800 per person per year. Each man, woman, and child will get more than $1,000 this year.

For a family of 5 this has meant an annual tax-free unearned income of $4,000 a year for the last generation.

There is an undercurrent of rebellion that revolves around the future of the tribe's 1,000 children and the contents of some of the circuit files in the Klamath County courthouse.

The Klamath Indian has a historically well-founded fear that his children's estates will be subjected to legal looting. It has happened before to the Five Civilized Tribes in Oklahoma and it has happened individually to members of various coast Indian tribes in Oregon. So the Klamaths are balking at carrying out one important part of the termination program: The establishment of guardianships for minors and incompetents.

They have balked because, they say, Oregon law is not adequate to protect the minors and legal incompetents of the tribe who can someday expect to come

into estates of $50,000 apiece. They point out that a few of the guardianships established early in the termination program have cost Klamath Indians 3 or 4 times as much as the same legal procedures would cost non-Indians.

Public Law 587 delegated to State courts and State law the responsibility of protecting the property of the minor and legally incompetent Indians.

How well the State laws have worked can be discovered in the Klamath County court records which show that fees for the service of certain attorneys and guardians have ranged up to $1,600 apiece for a year. Trust lands, still under the control of the Federal Government, have been included in inventories of the estates and then fees have been based on a percentage of the total value rather than on specific charges for work performed.

Estimates of the number of guardianships which will be needed in Klamath County before the minors and incompetents can receive their estates range from 800 to 1,000.

The Indians' reluctance to carry out this part of the termination program has had its effect. Congress a few weeks ago passed a stopgap amendment to Public Law 587 which more clearly spells out the duties of the Secretary of Interior and which opens the door for a Federal or institutional guardianship program. It is questionable whether patching of the existing law will satisfy most Klamaths.

The effects of the termination program are being watched carefully by Indians and non-Indians across the country because their reservations and their communities may be next to undergo the disruptive social and cultural change that appears slated for the Klamath Basin.

One of the things that is certain is that termination will come.

In summary, I have pointed out the historical background, the position of the Klamath Indian today, the threat to our water and timber supply, the Indian education in our public schools, and the Indian termination.

A situation similar to what Klamath Falls will be facing upon termination was met and dealt with successfully in Rapid City, S. Dak., in 1951. A detailed

outline of how many of their problems were solved is included in my larger report.

In conclusion, I believe that the following three items are of the greatest importance:

1. Education of the young.

2. Conservation of water and timber resources.

3. Integration of the Indian culture in a white man's society.

These items should be kept first and foremost in our minds when final termination plans are made.

Senator NEUBERGER. Mr. Jackson, we are very glad to have you and your associates here with us.

STATEMENT OF BOYD JACKSON, MEMBER, KLAMATH TRIBAL EXECUTIVE COMMITTEE, ACCOMPANIED BY JESSE KIRK, ELNATHAN DAVIS, AND DIBBON COOK

Mr. JACKSON. Mr. Chairman, members of the committee, and members of the interim committee of the State, I don't know as I should say that I appreciate this moment. That is premised, of course, on that, first off, I am not in any way an orator, and it may be difficult for the members of the committee to grasp the things that I may have to say. However, I will do what I can to bring about the views of some of my people.

I want to extend a word of thanks to the Senator for the interest that he has taken in the welfare and interests of my people to the extent that he is taking it upon himself the burden of attempting to do the things that we had hoped for, and by that I mean that the law as passed during August 13, 1954, cites, among other things, the matter as to the procedure as to how the matter of the withdrawing members would be provided for and taken care of, and, in brief, subsec

tion 3 determines and selects proportions of the tribal property which, if sold at the appraised value, would provide sufficient funds to pay the members of the tribe who elect to withdraw. Now, that, Mr. Chairman, to us has a great deal of meaning.

That particular clause of the law was discussed by the delegates at Washington, and we took the position that no property of the Klamath Tribe should be sold until and when all ways and means had been exhausted to find funds with which to take care of the withdrawing members, and in so doing not break up the reservation.

Further, we asked as to whether or not any amendments that we would want to submit regarding the complications of Public Law 587, whether or not such proposals would be considered. We were given to understand that it would.

Now, with that in mind, we accepted the law as it was passed on August 13, 1954. Since its passage the attempts have been made to take care of the problems required in the various terms of the law as to what should be done in the matter of carrying out the purpose and intent of the law.

First off, as you well know, the Secretary retained the board of management specialists, and these members were citizens of our State, and when this election was made, I was rather dumbfounded. One of the gentlemen being a citizen of our city here and feeling that he was not too well versed in Indian problems, I couldn't see where and how he could fit into our picture. However, upon interrogation of the three gentlemen selected and they voicing their position, why, we decided then that insofar as their business ability, integrity was concerned, why, it may be that they could well work out the problems that we had before us. By that I mean that there was no yardstick from which and with which to work from in order to carry out the purposes of the law. The things that was done must be done from tne word go. And our reason and our purpose in accepting this selection was upon their study of the law. They voiced their feeling that if the reservation was sold to the extent of 70 percent, why, that in itself would not contribute to the economy of the withdrawing members nor to the economy of those remaining. And inasmuch as they had taken that position and had voiced themselves as not being willing to sign a contract unless they were given the privilege of making some sort of a recommendation in which they believed would be that ample protection would be given to the membership of the Klamath Tribe as a whole.

Now, we felt that if they were big enough to take the position and in fact defy the terms of the law to the extent that they didn't believe that it could be done and a good job done.

Now, that, in brief, is why we felt that the selected men could and will do a job probably as good as any other men that could be selected. We had, of course, at the outset understood that men of trustee experience would be chosen to take care of the processing of the law and that we were advised at some later date it was not possible, that the men of such experience and practice did not see fit to give us the time that we required and in a sense render a public service to our cause. Hence, then, the selection.

Now, we, as you know, and including ourselves, have interested ourselves as to the meaning and the purpose of the law and discovered its

shortcomings, and believe that there was other possibilities that could well answer our purpose.

Now, this question of ours has been practically nationwide, and organizations of the various sources have declared themselves as the law being such that it would only lead to end in the loss of our lands that we held as of utmost value. It was a heritage to us; we gleaned the results of that heritage and the members that passed on left behind them their rights, what rights they had in that heritage. Hence, we think and we felt that so long as they took the position that the men and our people that entered into the treaty with the Federal Government, that they did so with the thought in mind which they had experienced through generations of years, and it was property that they had fought for and held by right of might in order that they might be enabled to glean from the property that they held their wherewith as time rolled along.

We were asked to keep the home. But it seems that this wasn't possible, that something else had to be done, and the result is the passage of Public Law 587, which now has been amended.

We have discussed this in our council and during one of our meetings we discussed the program of bills introduced and such bills as introduced among them was S. 469. And a motion was made before our general council in official session assembled on January 26, 1957, to the extent that I moved that the bills, H. R. 663, H. R. 650, S. 469, H. R. 2518, S. 341, introduced upon the reconvening of the 85th Congress to amend Public Law 587, be confirmed in principle. That motion was passed. Now, Mr. Chairman, I would submit that report for the record.

Senator NEUBERGER. It is so ordered. It may be included. (The document referred to is as follows:)

Excerpt from general council minutes January 26, 1957.

Item B. Possible amendments to Public Law 587.

J. L. moves and seconded by Carl Jackson.

I move that the bills H. R. 663, H. R. 650, S. 469, H. R. 2518, S. 341, introduced upon the reconvening of the 85th Congress to amend Public Law 587 be confirmed in principle. President Kirk requests here that Vice President J. L. Kirk take over the chair that he may be permitted to comment on the motion. Motion carried. For-28, opposed-7.

Mr. JACKSON. In endorsing a motion of that sort, we believe was the thing that we could do, for the reason that the bills as introduced intended to safeguard and provide for the necessary protections of my people was such that prior to its passage such bills would be amended. Hence, we felt that we could only support the bills in principle and whether we had gone far enough in so doing has to be charged to our inability to think further ahead.

Now, Mr. Chairman, you have, during the interim period, introduced in the Senate, S. 2047, in which you proposed for a Federal purchase, and we have the benefit of the information that has been released in substance by the present Secretary of the Interior, thinking that the possibility of Federal purchase should be one of the things that should be brought forward.

Now, at this point I would like to say this: Why the Congress, why the Secretary, saw fit to recommend that the Klamath Tribe, the supervision of the Indian property of the Klamath Tribe, be terminated by the Federal Government, that I don't know.

There has been apparently some shortcomings in information somewhere along the line. It has been held that the workings of the Bureau have been such that it has increased as time rolled along and we Indians have been very much and going deeper into the pockets of the taxpayer. Now, I at this point, Mr. Chairman, I don't agree that such things and feelings should be applied to the Klamath Indians. We over the years have paid for the costs of our administration. We have employed personnel of the Indian Bureau at our own expense. And why should we be charged as being a burden to the Government? Why?

And, too, the biography as set out in the documents of the Management Specialists sets forward the position of the thinking as to the capability of the Klamath Indians and, hence, believed that the proposal such as is included in the management plan is the only answer. We have not gone in detail into the proposed management plan. We only have barely scratched the surface. They have much to do before we could either accept or disagree to the plan entirely.

Now, back to your bill. We have gone over the bill and we feel that certain exceptions should be made, and among these exceptions we say that, one, delete section (b), lines 12 through 14. The part that we ask be deleted, "the first paragraph of subsection (a) of section 5 of such Act is amended by striking out 'by practicable logging or other appropriate economic units.'"

And to delete the words "Section 28 of this Act" of line 2, page 3, and substitute in lieu thereof the words "Section 5 (a) (1)," which would read in the present law "1, Subsection 1, Cause an appraisal to be made within not more than 12 months after their employment or as soon thereafter as practical of all tribal properties showing its fair-market value by practical logging or other appropriate economic units."

Now, the reason for that is that inasmuch as it applies to the section that has to be deleted would apply to, applies to section 25 of your bill, we ask, three, delete the entire section 28. Now, in taking that position, Mr. Senator, we fail to understand why an appraisal board is necessary. Why should we? Is it the intent, is it your intent that the appraisal board would rehash the job as now done by the present appraisals, which as you know, has cost the Klamath Tribe a considerable amount in funds, and because of our thinking we felt that among other things that the section 28 should not apply.

Now, in the point of the appraisal board, the Secretary would be given the authority to appoint one, and I presume that the Secretary of Agriculture would be authorized to appoint the second, and then we, the Klamath Indians, would be forced to go through an election before one of our members could be employed, and that would mean that, and the bill goes further and states that these men should have wide, very wide background of experience with reference to appraisals, which would qualify them to act on this board.

The principal objectionable feature insofar as section 28 is concerned is that when it comes to determining as to what should be done by the board of appraisers, we find that the majority vote should prevail. In other words, if the board is economy minded, as the present feeling is, then where would we, where would the vote of the 1 Indian member, what would the worth of the vote of the 1